Terms of Service
Here’s our terms of service in black and white:
This Terms of Service agreement is between Registrant (You) and FreeHouse LLC, an Oregon Limited Liability Corporation, (hereafter “FreeHouse”) as described below:
You agree to these terms:
You agree to participate in this house give away by paying a non-refundable $19.95 registration fee.
You agree to submit a story about yourself and why you deserve the house as a comment on digg.com using this link:
You will include your email address in your profile in your Digg account. This is how we will contact you when selecting the winner. Your Email address (MUST MATCH your registration email address)
Your friends will vote for your entry through digging your comment through digg.com, on this page:
You agree to act honorably and not do anything illegal or you will immediately be disqualified with no refund.
You agree that there is ABSOLUTELY no refund for this registration whatsoever. If you are not selected as a winner, you cannot ask for a refund.
Should you be selected as the winner, you will accept the house “as is.”
Accept the decision made by the Internet on Digg.com as final, with no repeal.
You agree not to enter or trespass on the property unless you are authorized to do so. Trespassing will be prosecuted to the fullest extent of the law.
You are responsible for all repairs, maintenance and full responsibility of ownership of the property after title transfer. You are responsible for any taxes that are due as a result of winning. You are responsible for paying property taxes, utilities, and all other maintenance costs for the property after title transfer.
You agree to hold George Tran and FreeHouse LLC, George Tran’s companies, partners, holdings, associates harmless to any damages and lawsuits, injuries or any thing else that is associated with this giveaway (Read: take responsibility for your own actions).
You understand you are doing business exclusively with FreeHouse LLC…and not George Tran, or anyone else that may appear to be related to this.
Winner Selection Process
At midnight Pacific Time, on December 22nd, 2008, FreeHouse LLC will decide whether it has received enough entries to proceed with the giveaway. If there are insufficient entries, but we’re reasonably close to our $300,000 target, FreeHouse LLC may decide to extend the event until the $300,000 is met. If FreeHouse LLC decide that there are insufficient interest, then as soon as humanly possible (Paypal fund release dependent), FreeHouse LLC will donate all revenues generated (minus expenses directly involved in this competition) equally to Best Friends Animal Sanctuary, Citizens for Health, and Habitat for Humanity. If the proceeds exceed $300,000, then any amount left over will be divided evenly and be given to Best Friends Animal Sanctuary, Citizens for Health, and Habitat for Humanity.
If sufficient entries exist, FreeHouse shall go to:
We will find the story/comment with the highest number of diggs and contain an email address that matches our registration database will be designate the winning entry.
FreeHouse will attempt to contact the winner via email and telephone (if telephone exists). If the winner fails to respond to our email within 48 hours, we will select the next highest entry until we establish contact with a valid winner that matches the registration.
The Winner must supply us with a valid photo ID that matches the registration. Failure to do so within 7 days will disqualify the Registrant and the house will be given to the next person on the Digg leader board.
FreeHouse LLC will issue a conditional title transfer of the property located at: 24720 Vaughn Rd, Crow, Oregon, 97487 to the winner on the 23rd of December, 2008. The title will be transferred free and clear to the winner within 7 days of receiving all funds from PayPal. Until the title is cleared, FreeHouse LLC will continue to make mortgage payments to Washington Mutual to maintain the mortgage at FreeHouse LLC’s own expense. The winner may choose a cash prize of $100,000. This money shall be sent via Federal Express on a Cashier’s cheque to the winner, within 7 days of receiving funds from Paypal.
(a) DISCLAIMER; LIMITATIONS OF LIABILITY. You EXPRESSLY AGREE THAT REGISTERING FOR THIS GIVEAWAY AT YOUR SOLE RISK. THE OFFER and HOUSE IS MADE AVAILABLE ON AN “AS IS” BASIS. NEITHER FreeHouse NOR ANY SUPPLIER, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE HOUSE, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND FreeHouse HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY. LICENSEE FURTHER AGREES THAT FreeHouse SHALL NOT BE LIABLE TO LICENSEE, OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, ERROR, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED. TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) REGISTRANT REMEDIES. REGISTRANT REMEDIES SHALL BE STRICTLY LIMITED TO $19.95 TO FreeHouse. FreeHouse IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF FreeHouse WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
(c) Alternative. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Licensee. In such jurisdictions, FreeHouse’s liability is limited to the greatest extent permitted by law.
2. Proprietary property of FreeHouse.
(a) In the event that Licensee intentionally and willfully engages in any unauthorized or illegal activities, FreeHouse reserves the right to terminate REGISTRANT’s eligibility without refund The rights of FreeHouse under this Agreement supplement and are not in lieu of any other remedies provided by law or in equity. In addition, Registrant shall be liable for all of FreeHouse’s costs and attorney’s fees in connection with the pursuit by FreeHouse of any remedy provided or permitted by this Agreement, unless otherwise specified.
3. Event of a Sale.
In the event that the Registrant sells the house and closes, should funds fail to be released by PayPal for whatever reason, then any mortgage outstanding will be transferred as a promissory note bearing zero percent interest directly to FreeHouse LLC, amortized over 30 years, payable monthly with a balloon of 24 months.
(a) Waiver of Breach. The fact that one party excuses or overlooks a breach of any provision of this Agreement by the other party does not mean that such party excuses any other breach or waives its right to remedy any other breach by the other party.
(b) Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. Licensee may not assign this Agreement without the prior written consent of FreeHouse or its successor.
(c) Governing Law. This Agreement shall be applied and construed according to the laws of the State of Oregon without regard to conflicts of laws provisions thereof. If any provision of this Agreement is found to be illegal or unenforceable, then, notwithstanding such finding, this Agreement shall remain in full force and effect and such provision shall be deemed stricken.
(e) Jurisdiction. By entering this Agreement, Licensee agrees to and does hereby submit to the exclusive personal jurisdiction of the Courts in the County of Lane for the State of Oregon.
(f) Headings. The headings in this Agreement are for convenience only and shall not be used to alter or limit the interpretation of any provision hereof. The terms outlined in this agreement overrides all prior promises and communications, verbal or written.
(g) Changes. From time to time, honest mistakes may be detected and terms may have to change. These changes will be notified via email. Registrants may ask for a refund should they disagree with the changes in terms.
(h) Entire Agreement. This Agreement, together with all schedules, exhibits and amendments hereto, constitute the entire agreement of the parties and supersede all prior discussion and correspondence between them with respect to the subject matter hereof. No modifications of this Agreement shall be effective unless the same is in writing and signed by both parties.
The Registrant hereby agrees to the terms of this Terms of Service in its entirety by payment of $19.95.
Please read these Terms of Service carefully. If you do not agree with these terms, then DO NOT register. If you agree to these terms by paying the registration fee and later on change your mind, you will not receive your money back… for any reason.